Labor and Employment

Twitter Workforce Census: White and Male, Like Other Tech Giants

The company reported that its employees are 60 percent white, and 70 percent male, putting them in roughly the same […]

Fifth Circuit Says Restaurant Cook Is Not Franchisor Employee

A restaurant cook plaintiff’s attempt to pull a franchisor into a Fair Labor Standards Act lawsuit as co-defendant succeeded with […]

Four Myths of the Hobby Lobby Decision: Separating Fact from Fiction

In the wake of all of the hype, misinformation abounds concerning what the decision means for employers and their obligations under the Affordable Care Act. Rachel VanNortwick Barlotta with Baker Donelson dispels some of the common misperceptions about the ruling.

California Supreme Court Splits From Federal Law on Commissioned Employee Exemption Compliance

Employers should consider restructuring their commission programs in light of a recent California Supreme Court decision requiring that employees are assured of receiving 1.5 times minimum wage in every bi-monthly paycheck.

FLSA Per Diem Claims On The Rise

Employers making “per diem” payments should immediately review their practices under the FLSA, as the Labor Department has determined a non-exempt employee’s FLSA overtime compensation must be based upon his or her “regular rate” of pay, which may go beyond stated hourly rate to include all “remuneration for employment” that is not otherwise excludable from the regular rate.

Survival Of EEOC Pregnancy Guidance Could Ride On Pending Supreme Ct Case

The EEOC earlier this month, as part of new enforcement guidance for the Pregnancy Discrimination Act, took the position that […]

Expected Uptick In Worker Pay This Year

U.S. workers will get pay increases of between two and three percent this year, according to Bloomberg BNA’s Wage Trend […]

Facebook Disrupted Silicon Valley Wage-Fixing Pact, Court Docs Reveal

Documents released in the Silicon Valley wage-fixing case reveals that Facebook was seen by Google, Apple, Adobe and other tech […]

Will An NLRB Labor Agenda Be Hobbled By A Case Backlog?

The effect of last month’s Supreme Court ruling in National Labor Relations Board v. Noel Canning is the subject of […]

Did a Court Just Allow an Employee FMLA Leave to Care for Her Grandchild?

The Seventh District Court of Appeals upheld an employee’s argument that she should not have been fired while seeking intermittent FMLA leave to care for her grandchild, though grandparents caring for grandchildren is not covered explicitly under law. As a result of this decision, employers may have to start erring on the side of providing FMLA leave in situations where their employees are looking after grandkids, so long as it is intertwined with providing traditional, direct care to a family member.